Court Adjudications, Formal Settlements, and Letters of Agreement:
Disability, Accessibility, and Universities

 

 

Here are some of the adjudications, settlements, agreements, and similar documents in the area of access to colleges, universities, and other institutions of higher education.

Agreement To Resolve Office of Civil Rights Complaint Numbers 11-98-2046, 11-99-2055 & 11-99-2142. Among the elements of this agreement was that the university submit "a plan to OCR for its review that will describe the efforts the University has made and will make for the use of assistive technology to ensure that students with disabilities have access to computer hardware and software that is comparable to that provided to other University students. . ."

Board of Trustees of the University of Alabama et al. v. Garrett et al. United States Supreme Court case number 99-1240, decided February 21, 2001. Considered whether a state employee's federal lawsuit asserting that the state violated Title I of the Americans With Disability Act is barred by the Eleventh Amendment.

United States Department of Education Office for Civil Rights letter of January 25, 1996, (Docket Number 09-95-2206) to a university in response to a student's complaint "alleging a violation of Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II). Specifically, the complainant alleged that: 1) the University failed to provide him access to the "Internet", and 2) the University failed to complete the "Self Evaluation Plan" required by Title II."

United States Department of Education Office of Civil Rights letter of April 7, 1997, (Docket Number 09-97-2002) to a university in response to a student complaint "alleging that the University is failing to provide access to blind and low vision students with respect to its library resources, campus publications, and its open computer laboratories located within the various departments.  The complaint further alleged that there is insufficient student training on adaptive technology for blind users and that inadequate provisions are being made with regard to computers for test-taking by blind students."

United States Department of Education Office for Civil Rights letter of January 22, 1998, (Docket Number 09-97-6001) regarding a "statewide compliance review under Title II of the Americans with Disabilities Act of 1990 (Title II) and Section 504 of the Rehabilitation Act of 1973 (Section 504)" for a system of state colleges. "This compliance review focuses on the status of community colleges in meeting their obligation under Title II and Section 504 to provide students with visual impairments access to print and computer-based information. The review examines whether students with visual impairments, particularly blind students, are accorded an equal educational opportunity. . ., or whether they are being discriminated against on the basis of their disability. . ."

United States Department of Education Office of Civil Rights letter of April 20, 1999, (Docket Number 09-99-2041) to a university in response to a complaint by a student who was blind. The complaint alleged that: "1) The computer laboratories/classes . . . are not equipped with adaptive technology. . . . 2) Her course assigned textbooks, which contain substantial amounts of graphs and charts, were not made accessible to her. 3) With respect to a particular . . . course, the instructor refused to provide her access to overhead transparencies and to implement the appropriate accommodations for the course's final examination. 4) The doors of the offices of the College instructors are not marked in a manner that enable her to identify the occupant instructor."

United States Department of Justice, Civil Rights Division, Disability Rights Section Settlement Agreement of February 22, 2002, (Complaint Numbers DJ 202-62-34, 55, 56, 62, 79) noted that "Pursuant to Title III of the ADA, private entities that administer examinations relating to applications for post-secondary education must offer the examinations in a place and manner accessible to persons with disabilities" and addressed issues in this and related areas.

United States Department of Justice, Civil Rights Division, Settlement Agreement of March 14, 2002, (Complaint Number 202-24-10) details numerous specific modifications the university will make in accordance with ADA Standards for Accessible Design.

 

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